tajemnica wynalazku

English translation: trade secret pertaining to the invention

09:50 Sep 17, 2016
Polish to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
Polish term or phrase: tajemnica wynalazku
Tajemnica wynalazku służy ochronie ważnych interesów państwa oraz przedsiębiorcy, w szczególności gdy nie są one chronione przepisami dotyczącymi innych tajemnic.
Małgorzata Mazurek
Poland
Local time: 20:16
English translation:trade secret pertaining to the invention
Explanation:
While the U.S. Supreme Court contemplates its most recent case on patent subject matter eligibility, a California appellate court has just decided a case on trade secret subject matter eligibility – finding that ideas are protectable under California trade secret laws, but that the protectable information must be sufficiently specific and secret. Altavion, Inc. v. Konica Minolta Systems Laboratory Inc., — Cal.Rptr.3d —-, 2014 WL 1846104 (Cal.App. 1 Dist. 2014). Oddly, KMSL’s MoFo attorneys argued (without citation to precedent) that “[g]eneralized ideas and inventions are protectable by patents and thus cannot be trade secrets.” That argument was soundly rejected by the Altavion court, who held instead that a trade secret can include “any unpatented idea which may be used for industrial and commercial purposes.” Quoting Sinclair v. Aquarius Electronics, Inc., 42 Cal.App.3d 216 (1974). This follows the general and longstanding principle that an inventor may choose to keep her idea as a trade secret rather than file for patent protection. “[I]f a patentable idea is kept secret, the idea itself can constitute information protectable by trade secret law.” In particular, the court here upheld the trade secret rights to “design concepts” such as process flows and conceptual methods that were not tied to any particular product or software. - http://patentlyo.com/patent/2014/05/secret-subject-eligibili...

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Since, as previously noted (see Chapter 1), the filing of a patent application generally results in a loss of the underlying trade secret pertaining to the invention - https://goo.gl/bhtKgf



Selected response from:

geopiet
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dziękuję
4 KudoZ points were awarded for this answer



Summary of answers provided
3the secrecy of an invention / invention secrecy
mike23
1trade secret pertaining to the invention
geopiet


  

Answers


36 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5
trade secret pertaining to the invention


Explanation:
While the U.S. Supreme Court contemplates its most recent case on patent subject matter eligibility, a California appellate court has just decided a case on trade secret subject matter eligibility – finding that ideas are protectable under California trade secret laws, but that the protectable information must be sufficiently specific and secret. Altavion, Inc. v. Konica Minolta Systems Laboratory Inc., — Cal.Rptr.3d —-, 2014 WL 1846104 (Cal.App. 1 Dist. 2014). Oddly, KMSL’s MoFo attorneys argued (without citation to precedent) that “[g]eneralized ideas and inventions are protectable by patents and thus cannot be trade secrets.” That argument was soundly rejected by the Altavion court, who held instead that a trade secret can include “any unpatented idea which may be used for industrial and commercial purposes.” Quoting Sinclair v. Aquarius Electronics, Inc., 42 Cal.App.3d 216 (1974). This follows the general and longstanding principle that an inventor may choose to keep her idea as a trade secret rather than file for patent protection. “[I]f a patentable idea is kept secret, the idea itself can constitute information protectable by trade secret law.” In particular, the court here upheld the trade secret rights to “design concepts” such as process flows and conceptual methods that were not tied to any particular product or software. - http://patentlyo.com/patent/2014/05/secret-subject-eligibili...

------

Since, as previously noted (see Chapter 1), the filing of a patent application generally results in a loss of the underlying trade secret pertaining to the invention - https://goo.gl/bhtKgf





geopiet
Native speaker of: Native in PolishPolish
PRO pts in category: 32
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dziękuję
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1 day 3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
the secrecy of an invention / invention secrecy


Explanation:
the secrecy of an invention
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UMOWA o wzajemnej ochronie tajemnicy wynalazków dotyczących obronności, w przypadku których zostały złożone wnioski o udzielenie patentów, sporządzona w Paryżu dnia 21 września 1960 r.
...
AGREEMENT for the mutual safeguarding of secrecy of inventions relating to defence and for which applications for patents have been made
http://prawo.legeo.pl/prawo/umowa-o-wzajemnej-ochronie-tajem...

The Invention Secrecy Act of 1951 (Pub.L. 82–256, 66 Stat. 3, enacted February 1, 1952, codified at 35 U.S.C. §§ 181–188) is a body of United States federal law designed to prevent disclosure of new inventions and technologies that, in the opinion of selected federal agencies, present a possible threat to the national security of the United States.
https://en.wikipedia.org/wiki/Invention_Secrecy_Act


mike23
Poland
Local time: 20:16
Works in field
Native speaker of: Native in PolishPolish
PRO pts in category: 32
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